1) Recommended Tax Filing Status
Spouse A has varying sources of income and given the characteristics of his personal and professional life, he can claim a number of deductions. Owing to the fact that Spouse A and Spouse B have varying sources of income, Spouse A would most ideally file the IRS 1040 form jointly with his wife’s tax returns. This is because a joint tax return would give them access to a host of deductions for which they are eligible. These include earned income tax credits, American Opportunity and Lifetime Learning Education Tax Credits, and Child and Dependent Care Tax Credit. Under joint filing, the couple could exclude the income of $500,000 from the sale of their personal residence, while separate filing would only allow a $250,000 deduction.
2) Rules on Income
a) Taxable and Nontaxable Income
Child support that Spouse B receives is not taxable since it is not considered income. Any form of child support is not taxable. Alimony that is paid out by spouse A is deductible since it is going to be taxed on the recipient of the alimony as income (John Wiley & Sons, 2013).
b) Short-term and long-term capital gains or losses
A capital gain or loss is considered on the sale or the returns from an asset. There are short-term capital gains or losses that amount from the sales of an asset which are owned for less
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The amount that is eligible for taxation is the difference between the buying price of the stock and the selling price (Zelenak, 2013). Given there is a capital gain, the resulting gain is taxed while a loss makes the applicant viable for a tax deduction. The capital gains or losses usually arise when an individual has sold off an asset at a profit. A salient example is the sale of the rental house that was sold for a profit of $44,000. There are limits to a capital loss that can be reported ($3,000) given the capital losses surpass the capital
Net capital loss carryovers but not carrybacks are deductible against capital gains in determining a corporation 's net operating loss for the year. True
Sale of rental property does not qualify for exclusion 121 because the two year resident occupation limit cannot be satisfied in income producing business property. The sale will fall under section 1231 which encompasses transactions of sales or exchanges of business property held for longer than one year. In order to determine treatment of section 1231 you must combine all section 1231 gains and losses for the year. A net loss is an ordinary loss. A net gain is ordinary income up to the amount of your non-recaptured section 1231 losses from previous years. Any remaining balance becomes a long-term capital gain. The formula for calculating gain or loss involves subtracting the cost basis from the selling price. If you have taken depreciation on the property in the past and are
10. Gains/Losses are "generally" recorded at the same amount for both Capital Accounts and Tax Basis.
The rule for Capital Gains & Losses is that when a capital asset is sold, the difference between the amount you paid for the asset and the amount you sold it for is a capital gain or capital loss.
Capital Gain – is the gain from the sale or exchange of a capital asset while capital loss is the loss from the sale or exchange of a capital asset. Spouse B's day trading resulted in a capital loss of $5000.00, of this only $3000 is able to offset the couples other income. The other 2000 is able
Passive activity is an activity in which an investor can earn profit from an activity in which he/she does not physically participate, including rentals and limited partnerships. In this scenario the couple has one rental property from which they received revenue that can be classified as passive income. The passive income has generated a net loss of $6,200. Since the couple has hired a realty company to manage their rental property then the loss must be carried over to the following year. These losses are reported on Form 8582. The $44,000 profit earned from the sale of the third rental property also needs to be reported but will be taxed as Long Term Capital Gains and will be entered as “Other gains or (losses)” using Form 4797.
Should Darin’s income be included in the computation of support? Is the amount of $21,000 that Andrea used to purchase a new vehicle includable in the support test? Is the amount of student loan that Morgan obtained considered self-support?
A corporation that distributes property that has appreciated in value must recognize a gain at the time of distribution. The corporation is treated as if it had sold the property. The gain equals the property 's fair market value less its adjusted basis. Code Sec. (b). However, the corporation does not recognize a loss if the property had declined in value. Also, the corporation recognizes no gain or loss if t distributes its own stock rights to its shareholders. Code Sec. (a). The character of the recognized gain depends on the property distributed; thus it may be ordinary income, capital gain, or Section 1231 gain.
According to sec100-50, the net capital gain or net capital loss for the income year is
The other option afforded to the Ouray’s is to file separately as a married couple. Filing separately can be advantages under special circumstances. However, if the couple was to file separately, there are several restrictions. First being, that if one spouse cannot demonstrate more than one-half of a child’s support is provided by them, a multiple-support agreement must be filed. Next, if one taxpayer itemizes their deductions they must both take itemized deduction and same goes if one person takes a standard deduction, the other must as well. If filing status was to be separate, neither spouse can claim the earned income credit and the credit for child and dependent care expenses. Next, no deduction is allowed for the interest paid on educations loans, and only $1,500 of excess capital losses can be claimed by each person.
Net book value at end of year 1 is $8,793. Less what you received on the sale $7,500. Gives you a disposal loss of $1,293 using the straight-line method of depreciation. You then add the disposal loss from the previous years depreciation $1,880, which results in a total income statement impact of $3,173.
Capital income is income generated by investing into fixed assets over time, rather than from work done using the asset. If a business sell its property at a profit ,that profit is called capital gain and is taxable according to the period the property was held by the business before it is sold. Examples of capital income are personal savings, bank loans acquired and share issuing by a business etc. Comparing to revenue income, capital income is money invested by the owner himself or herself or other investors to set up the business and it is not a day to day function for the business.
It is important to point out is that spousal maintenance orders may be varied, increased, decreased or ended according to future circumstances. For example, spousal maintenance would end if Mike dies or you remarry. Similarly, you would lose maintenance if your financial capacity improves and you are able to maintain yourself because of a new de facto relationship or decrease in the responsibilities for caring for the children.
a. For instance, for the best case scenario, a married couple with two children and a single earner receives only 4.74 percent if the earner was born in 1932 (Heritage Foundation, 2000).
The IRS addresses the topic of capital assets in Section 1221 (Legal Information Institute). Within this section, rather than defining what qualifies as a capital asset, The Code lists items that are not capital assets. This backwards approach has led to a grey area in regards to what classifies as a capital assets. As a result, many court cases have been on this topic. Once it is determined whether an asset is “capital in nature”, the various tax treatments can be considered. Specifically, capital assets sold at a gain that are held for less than one year at the time of sale will be classified as a short term gain (Investopedia, 2015). Short term capital gains can be used to offset short term capital losses for both individuals and corporations, however any excess short term capital gains will be taxed at the taxpayer’s regular tax rate. In addition, long-term capital gains experienced by a corporation are not subject to the more favorable capital gains rate. Also, when